Why No One Cares About Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to make money often use their benefits. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency repay him for the benefits that it has taken him out of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability law firm Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit claims that he also suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial compensation, and wants the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is essential to do so in the earliest time possible. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal meets all the requirements and that it receives a fair hearing.

A qualified lawyer can review the evidence that was used to prove your claim and then submit additional evidence if necessary. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your situation. This could be a valuable advantage in the appeals process.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly described their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your situation. A medical professional, for example, may be able show that your pain is due to your service-related injury and is in a way limiting. They might be able assist you in getting the medical records you require to support your claim.